Major Trends In The History Of Legal Philosophy
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Major Trends In The History Of Legal Philosophy
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Author : H. J. van Eikema Hommes
language : en
Publisher: North-Holland
Release Date : 1979
Major Trends In The History Of Legal Philosophy written by H. J. van Eikema Hommes and has been published by North-Holland this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
The World S Legal Philosophies
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Author : Fritz Berolzheimer
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2002
The World S Legal Philosophies written by Fritz Berolzheimer and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
A Solid Introduction to Legal Philosophy This lucid, wide-ranging account traces the evolution of the philosophy of law and offers an introduction to its primary authors. Berolzheimer is especially interested in the law's ability to serve as a progressive humanitarian force. This is evident, for example, in the contribution it has made to the emancipation of repressed social classes. "These fundamental questions are discussed by Dr. Berolzheimer in a work of remarkable learning... I have before me as I write the works of Stahl, Krause, and Lasson, dealing with the Philosophy of Law. They are not comparable with this volume in point of research." --Sir John Macdonell, Introduction, xxix Fritz Berolzheimer [1869-1920] was a German legal philosopher and author of the five-volume System der Rechts- und Wirtschaftsphilosophie (1904-07). This work is the second volume of that set. He was managing editor of the important philosophy of law journal, "Archiv für Rechts-und Wirtschaftsphilosophie" and president of the International Society of Legal and Economic Philosophy in Berlin. Rachel Szold Jastrow [d. 1926] was a suffragist and sister of Henrietta Szold, founder of Hadassah, the Women's Zionist Organization of America. Her husband, Joseph Jastrow, was a professor of psychology at the University of Wisconsin. Sir John Macdonell [1846-1921] was an eminent British jurist and Quain Professor of Comparative Law at University College, London. Albert Kocourek [1875-1952] was a Professor of Law at Northwestern University. CONTENTS Introduction Ch. I. Origins of Oriental Civilization Ch. II. The Ancient Commonwealth: Greek Civilization Ch. III. The Civic Empire of Ancient Rome and the Moralization of Roman Law Ch. IV. The Bondage of Mediævalism Ch. V. Civic Emancipation: The Rise and Decline of "Natural Law" Ch. VI. The Emancipation of the Proletariat. Encroachment upon the Philosophy of Law by Economic Realism Ch. VIII. The Sociological Reconstruction of Legal Philosophy
Philosophy Of Law
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Author : Larry May
language : en
Publisher: John Wiley & Sons
Release Date : 2009-05-18
Philosophy Of Law written by Larry May and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-18 with Philosophy categories.
Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
An Introduction To The Philosophy Of Law
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Author : Roscoe Pound
language : en
Publisher: DigiCat
Release Date : 2022-08-01
An Introduction To The Philosophy Of Law written by Roscoe Pound and has been published by DigiCat this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-01 with Philosophy categories.
DigiCat Publishing presents to you this special edition of "An Introduction to the Philosophy of Law" by Roscoe Pound. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Anglo American Philosophy Of Law
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Author : Beryl Harold Levy
language : en
Publisher: Transaction Publishers
Release Date :
Anglo American Philosophy Of Law written by Beryl Harold Levy and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.
The Philosophy Of Law In Historical Perspective
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Author : Carl Joachim Friedrich
language : en
Publisher: University of Chicago Press
Release Date : 1963
The Philosophy Of Law In Historical Perspective written by Carl Joachim Friedrich and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Law categories.
The Rise And Fall Of Natural Law
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Author : Friedrich Julius Stahl
language : en
Publisher: WordBridge Publishing
Release Date : 2020-03-16
The Rise And Fall Of Natural Law written by Friedrich Julius Stahl and has been published by WordBridge Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-16 with Law categories.
Our age is characterized by radical subjectivism. Which is to say: There is no agreement on any absolute standard of value. Indeed, there is no agreement even on truth itself. And as a matter of fact, the very concept of objective, absolute truth has been cast aside in favor of “truths” – your truth, my truth, whoever’s truth. The result is the abandonment of the pursuit of truth at all, in favor of convictions, emotional appeals in favor of those convictions, and the pursuit of political power to put those convictions in practice. This state of affairs will come as no surprise to those, like Friedrich Julius Stahl, who track the way people think, who know that ideas have consequences and that thought eventually feeds into practice. This is especially the case with legal philosophy. Here is where theory and practice confront each other, where the rubber meets the road. And the history of legal philosophy is the history of ideas having consequences. This history can tell us a great deal about how we arrived at the current state of affairs. When we look at it, we find that the key player in this history is natural law. Once the mainstay of ethical and legal discourse, it is now a forgotten relic. But natural law paved the way for the triumph of subjectivism in the modern world. A strange thing, considering that natural law was supposed to embody an objective standard for judging man-made law. It ended up eliminating that standard. How this came about is the burden of The Rise and Fall of Natural Law. Natural law was born of the Greeks and Romans, adopted by the Christian church, and converted into the bulwark of Christian ethical and legal science. But along the way it became disengaged from the church; and when it did, it played a central role in secularizing Western civilization. Stahl follows this career, from its start in classical antiquity, through to its incorporation in the scholasticism of the Middle Ages, to its secularized versions in the Enlightenment, and culminating in the philosophy of Rousseau and the hard reality of the French Revolution. The subjectivist turn is especially emphasized in the work of Johann Gottlieb Fichte, whose focus on enthusiastic conviction and the primacy of the subject makes him the prophet of the modern world. Although Fichte wrote at the turn of the 19th century, it is in our day that his orientation has triumphed. His story, and the stories of those leading up to him – the leading characters in “the Rise and Fall of Natural Law” – are crucial to understanding the genesis of the modern world.
A Treatise Of Legal Philosophy And General Jurisprudence
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Author : Damiano Canale
language : en
Publisher:
Release Date : 2009-08-05
A Treatise Of Legal Philosophy And General Jurisprudence written by Damiano Canale and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-05 with Law categories.
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2012/2013), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 9: A History of the Philosophy of Law in the Civil Law World, 1600–1900 edited by Damiano Canale, Paolo Grossi and Hasso Hofmann Provides an in-depth study of the different ways of understanding law which were developed from the mid-17th century to the end of the 19th century by jurists and legal philosophers working in the civil-law tradition. In particular, the book collects chapters offering a systematic history of the basic legal concepts and of the disciplines that systematized them in a set form in the legal thought of Continental Europe. The first two chapters discuss the way the scientific method elaborated and firmed up by modern natural-law theory was received into European legal science in the period leading to the French Revolution, with Chapter 1 focusing on the Germanic area, and Chapter 2 instead on the French area. Chapter 3 is devoted to the European legal Enlightenment, and to the reverberations this movement had on the culture as well as on the politics of law. Chapter 4 discusses the codification of law, describing in what ways and to what degree codification shaped the structure of Europe’s legal systems and the organization of its society through law. Chapter 5 traces out the development of German legal science through the crisis of modern natural-law theory and the birth of the great European codes, considering in particular the birth of the Historical School of law and its later development with Puchta. Chapter 6 reconstructs the birth and evolution of the modern science of administration, which played a central role in helping the institutions of the modern state become woven into the social and economic fabric. Chapter 7 is dedicated to the history of European constitutionalism. Chapter 8 discusses the crisis of conceptual jurisprudence, the voluntarist and vitalistic conceptions this crisis led to, and the birth of neo-idealist movements in the late 19th and early 20th centuries. The volume editors and contributors are international leading specialists from Italy, France, Spain, and Germany. Volume 10: The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days by Patrick RileyOffers a comprehensive and original treatment of the philosophers’ philosophy of law from Grotius to the "left Kantianism" of Rawls and Habermas. The volume also discusses some "philosophers of law" who are not philosophers in a broader sense, but who cannot be omitted because certain far greater "real" philosophers would then become unintelligible. The philosophy of law is viewed in this work as a final outgrowth of a more general moral philosophy, and that moral philosophy in turn as an outgrowth of "first philosophy" (metaphysics, epistemology, theology). Special prominence is given to Leibniz, Malebranche, and Kantianism. Leibniz combines philosophical and jurisprudential greatness in a way achieved by no other. Since Leibniz has never been rendered his jurisprudential "due" in English, the present volume offers an occasion for that rectification. On the other hand, without Malebranche’s contribution, the jurisprudence of Montesquieu and of Rousseau would not exist. Finally, Kantianism is crucial not only because of its influence on early Marx, Rawls, and Habermas, but also because the central Kantian practical notions seem to be the best moral-legal principles for a contemporary, non-theocratic, non-utilitarian world. Though the volume begins mainly with the "17th century," the author nonetheless offers a "Prologue on Machiavelli." This is simply because certain later figures are hard to make intelligible without a knowledge of "Machiavelism"—this applies above all to Hobbes, Leibniz, Rousseau, Hegel, and Nietzsche. The author is an outstanding legal and political philosopher. Pupil of Michael Oakeshott, John Rawls, Judith Shklar, Carl J. Friedrich, and Lon Fuller, he is currently professor at Harvard University.
A Treatise Of Legal Philosophy And General Jurisprudence
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Author : Enrico Pattaro
language : en
Publisher: Springer Science & Business Media
Release Date : 2016-07-13
A Treatise Of Legal Philosophy And General Jurisprudence written by Enrico Pattaro and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-13 with Philosophy categories.
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Law Order And Freedom
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Author : C.W. Maris
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-09-08
Law Order And Freedom written by C.W. Maris and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-08 with Philosophy categories.
The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.